PLEASE READ CAREFULLY THESE TERMS OF USE (the “Terms”) BEFORE USING OUR PLATFORM
WELCOME TO HEXAGON MATCH!
These Terms are binding between the person (“You” or the “User”) using the Hexagon Match platform (the “Platform”) and Hexagon Data S.A.P.I. de C.V. (“We” or “Hexagon Data”). The use of the Platform and the service provided herein will be governed by these Terms. This is a binding contract for the use of the Platform located at: https://www.hexagondata.com/match/.
The Data Processing Agreement for Hexagon Match (“DPA Match”) forms part of and is subject to these Terms.
By accessing, using the Platform and/or creating a profile on the Platform, you agree to these Terms.
DISCLOSURES
To use the Platform and be bound by these Terms you must be of legal age. Under no circumstances we allow access and use of the Platform by minors under 18 years. The service is not intended for users as individuals but for businesses and companies (the “Company” and/or “Costumer”).
These Terms apply generally to every service and product offered on the Platform. Every User who accesses and makes use of the Platform does it on behalf of the Company to which they belong and is subject to these Terms of Use. Any breach of these Terms enables us to end any relationship with the User and/or Company without a judicial requirement.
THE SERVICES
The Platform offers the Data Onboarding service. It consists of finding a match between offline data and online data of the Company. Hexagon Data may also offer additional and complementary products to this service within the Platform, which will be subject to specific terms. (Collectively referred to as the “Services and Products”).
The specific terms, costs and validity of the Services and Products will depend on the requirements, negotiations and agreements with each Customer. These Terms apply to the general use of the Platform.
LICENSE
The use of the Platform is subject to a License Agreement subscribed directly with Hexagon Data or through an authorized Partner (the “Agreement”). Hexagon Data grants a temporary, non-exclusive, revocable and limited license for the Client to use the Platform according to the Agreement and these Terms.
REGISTRATION PROCESS
To hire our services, you must follow a registration process (the “Customer Registration”). The main reason for this process is that the Platform is designed for specific niche companies. In commitment with our customers, we want to make sure that your business would benefit from the Services and Products. If it’s not the case, we will refer to another product or service from Hexagon Data that suits your needs best, otherwise, we will inform you that our services are not suitable for your Company. Hexagon Data reserves the right to reject the Customer Registration based on a negative result of the Data Verification process. Under no circumstances will we reject an application based on discrimination against an individual or company.
The Customer Registration process is as follows:
1 To make a request for the Customer Registration (the “Application”), you must complete the automated form in the Platform (the “Registration Form”).
2 Once the Registration Form has been completed, you will receive a response via email or by a phone call in which we will inform you any of the following circumstances:
a. The Application is accepted given that you qualify for the Customer Registration process. We will remain in contact to request additional documentation to complete the Customer Registration.
b. At the moment your Application is rejected and you do not qualify for the Customer Registration process. We will ask your consent to contact you in the future to offer you new services or to invite you to complete a new Registration Form.
c. It is necessary to confirm the information provided.
3 Once the Application has been accepted, we will proceed to sign the License Agreement where the Services and Products requested by the Customer will be specified.
The process takes approximately 15 (fifteen) working days; however, we reserve the right to (i) exceed such period, as well as (ii) in case of not qualifying for the Customer Registration, to delete your Data at any time during the procedure. The Customer Registration process is subject to the “Data Verification” section, applicable to the documentation you have provided. If you wish to know how Hexagon Data processes your data, please read the section of “Privacy and Protection of Personal Data”.
PROFILE CREATION AND DASHBOARD ACCESS
Once the Customer Registration process has been completed, an Administrator Profile will be created for a person designated by the Customer. The Administrator will be able to create other users accounts (jointly the “Users” and individually the “User”). All the Users shall belong or be part of the Company.
The Administration Profile has tools to allow the creation of different User accounts with two access modes: editing and reading. The Administrator chooses at his own discretion the type of access allowed to each User.
Both the Administrator and subsequent Users, upon registration, will receive a welcome email with instructions on how to access the Platform as well as the access code to their “Dashboard”. Every User is bound to these Terms.
The User undertakes to upload only First Party Data collected by the Company itself.
LEAD AD PRODUCT
Lead Ad is a product that is part of Hexagon Match. Its purpose is to keep the user’s records in the Customer’s websites to automate the Onboarding process and get the match rate. The Customer can make Lead Ad campaigns with its own personalized format.
The use of Lead Ad is subject to the License Agreement.
USE RESTRICTIONS
The right of each User to use the Platform is personal, limited to its internal business purposes, non-transferable, non-exclusive, revocable and at all times subject to the fulfilment of these Terms.
It is strictly forbidden to reproduce, modify, alter, distribute any copy, publicly communicate, transform, mutilate, make changes or any type of use or exploitation of the Platform other than the permitted by these Terms, in whole or in part, by any means known or to be known in the future. Likewise, it is strictly forbidden to carry out any process of reverse engineering for the purpose of using or altering any of the modules, source code and/or object of code of the Platform, without prior written authorization from Hexagon Data.
The User shall be solely responsible for ensuring and maintaining the confidentiality and security of the personal key and password used for their Platform User account. The User agrees not to disclose their personal key to any third party and will be held responsible if it is stolen. The User commits to immediately inform Hexagon Data of any suspicion that their password may have been compromised and request Hexagon Data to change their password. Furthermore, the User shall cooperate with Hexagon Data in the investigation of security incidents or risks, as well as to execute the actions agreed to mitigate any incidents and to minimize the risk detected.
All Users must comply with these Terms to make proper use of the Platform. In the case that it is of our understanding that any of the Users do not comply with these Terms, we will notify the Administrator and/or the Company. At the discretion of Hexagon Data, the User may be removed and the information uploaded to the Platform may be deleted. If the breach persists, it can cause the termination of the relationship between the parties.
DATA VERIFICATION
By accessing, using and/or creating a profile on the Platform you agree and authorize that Hexagon Data, by itself or through an authorized third party, may at any time verify the data you provide, including your identity and of the legal entity you represent.
In case that the information provided to create a Profile is false or inaccurate, Hexagon Data may, at its entire discretion, deny access to the Platform as well as remove any content related to the User. You may exercise your personal data rights at any time, as provided in the section of “Privacy and Protection of Personal Data”.
THIRD PARTY INFORMATION
The Platform is not designed to integrate third party information, in other words, data acquired from sources completely external to the Customer, usually through data providers and brokers. If any User uploads this type of data, Hexagon Data reserves the right to immediately delete and notify the incident to the Administrator and/or Company. Hexagon Data disclaims any liability that may result from failure to comply with this requirement.
CONFIDENTIAL INFORMATION
Confidential Information is all information that has been, is or will be provided or disclosed, in any medium or form, directly or indirectly, by a party, including its affiliates, subsidiaries and/or customers, unless such information is expressly identified as “Public” or “Non-Confidential”. The confidential information provided, past, present and future, is and will remain the property of the disclosing party.
The User agrees not to take possession of, use or exploit, directly or indirectly, by himself or by third parties, for his own benefit or for the benefit of third parties Hexagon Data’s confidential information, to which he has had, has or will have access. The User agrees to take all reasonable measures to avoid any prohibited disclosure and/or misuse of the confidential information.
PERSONAL DATA PROTECTION AND PRIVACY
Hexagon Data processes data as (a) Controller and (b) Processor.
a. Hexagon Data may process the Customer’s personal data during the Customer Registration process and by virtue of the contractual relationship. We act as the Controller. These personal data will be treated in accordance with the Privacy Notice.
b. While providing the Products and Services, Hexagon Data may process data on behalf of the Customer (including data collected or generated through the use of the Platform). In this case, Hexagon Data is the Processor and is governed by the DPA Match.
If the Customer or any third party would like to exercise their rights over the personal data we process, they can follow the procedure explained in the section “MEANS TO EXERCISE YOUR RIGHTS” of our Privacy Notice. We undertake to use your data only to the extent that you have authorized and in accordance with the provisions of these Terms and the Privacy Notice.
DATA SECURITY
The Platform has a SSL security system. The data files uploaded to the Platform are located in Amazon S3 of AWS thereof the security level is based on the security management standard ISO/IEC 27001:2013. Accordingly, the parties acknowledge that data security within the cloud service shall be governed solely by the terms and conditions stipulated and modified from time to time by Amazon Web Services. For more information, please refer to https://aws.amazon.com/es/security/.
The access to the Platform is restricted by means of authentication elements. To control the access to the Platform, the Users will have: a) User Account and b) Password. The password that Hexagon Data creates is temporary so that the User must change it on their first entry into the Platform. By having a new password created by the User itself, they are responsible for any access to their Dashboard. Since we do not know the passwords, Hexagon Data disclaims any liability for their misuse. To change passwords, the user must follow the procedures outlined within the Platform.
The User agrees and undertakes to apply and keep updated all the security mechanisms suggested by Hexagon Data in these Terms and those indicated whilst the business relationship.
GUARANTEES
Hexagon Data will ensure the proper functioning of the Platform as long as it is run on the proper parameters, operational capacity and computer systems, including adequate Internet connection. Any malfunction of the Platform or any failure generated by causes directly attributable to the User or the Suppliers, Hexagon Data shall not be held liable.
The data processing and storage components of the Platform are located at Amazon Web Services, which is committed to a high level of service indicated in the AWS Service Level Agreement (SLAs). For more information please refer to https://aws.amazon.com/legal/service-level-agreements/?nc1=h_ls. The parties acknowledge that any malfunctions of the Platform related to he AWS service shall be exclusively ruled by the provisions of Amazon Web Services, including but not limited to the SLA and its Terms of Use, available at https://aws.amazon.com/service-terms/?nc1=h_ls.
TECHNICAL SUPPORT
Hexagon Data guarantees the originality and proper functioning of the Platform. However, it is not guaranteed that the Platform is free of errors, bugs or vulnerabilities. Therefore, during the validity of the Agreement, we will provide free of charge the technical support necessary to use the Platform on a regular basis.
In this regard, Hexagon Data will respond to any inquiry or failure report within 5 (five) working days after notified to the email address [email protected] and in https://hexagondata.atlassian.net/servicedesk/customer/portals. The report must include the date and time, description of the failure, name, email and phone number of the person reporting the failure. Hexagon Data will have a maximum of 5 (five) working days to correct and repair any error or failure in the Platform, unless Hexagon Data informs to require additional time. Hexagon Data will send back a report on the repair carried out.
INTELECTUAL PROPERTY
The Parties recognize that all intellectual property rights that correspond to each Party are their exclusive property and will continue to be. Therefore, nothing in these Terms grants in favor of any of the Parties the right to use or exploit the Intellectual Property of the other Party, except as expressly provided herein.
Ownership of the Platform. Hexagon Data is the sole and exclusive owner of the proprietary rights of the Platform. The Platform constitutes a work in accordance with the provisions of the Federal Copyright Law in force in Mexico. In this sense, it is expressly understood between the Parties that the Platform is granted under a non-exclusive and temporary license for use during the validity of the Agreement. The Platform may not be rented, leased, lent or transmitted in any way without the express authorization of Hexagon Data.
All the material contained in the Platform, including not limited to: designs, drawings, computer programs (source code and object code) databases, graphic, audiovisual and photographic material, texts, inventions, models, patents, among others Intellectual Property rights are the sole and exclusive property of Hexagon Data and are protected by the Federal Copyright Law, the Industrial Property Law, as well as by the Intellectual Property laws of other countries and International Treaties to which Mexico is party.
CUSTOMER DATA
The Customer, its affiliates, users and consumers retain all rights with respect to all data, personal data or other information that the Customer, or other party on the Customer’s behalf, provides to Hexagon Data (“Customer Data”). For avoidance of doubt, Customer Data is considered Confidential Information.
The Customer shall defend, indemnify and hold Hexagon Data harmless from and against any and all costs, damages, expenses and liabilities arising from any claim or action by any third party relating to any actual or alleged infringement of a third party’s intellectual property rights caused by the Customer Data.
UNSOLICITED IDEAS
Hexagon Data does not seek or accept unsolicited ideas, suggestions or materials relating to, among other things, the development, manufacture, marketing or processing of our products and services. Acceptance of these Terms avoids any misunderstanding of intellectual property with the public in general who submit comments or ideas concerning the products, services or concepts developed by Hexagon Data. Therefore, any unsolicited idea may be used at Hexagon Data’s discretion for any purpose, including commercial, without creating any relationship with the person submitting the idea or any right to compensation.
PLATFORM AVAILABILITY
Hexagon Data may block, interrupt, or restrict the use and access to the Platform when it deems necessary, as well as remove or cancel the Platform or any of its parts. The Users shall at all times have the right to remove their Profile form the Platform.
NON-COMPLIANCE
In the event of breach of any of the obligations under these Terms of Use and the applicable law, Hexagon Data at its discretion, may suspend access to the Platform, delete the User Profile and/or terminate the relationship between the parties. The foregoing, without waiving the legal actions available to Hexagon Data when any conduct of the User generates a loss or damage.
Any use of the Platform other than its normal use and destination is strictly prohibited. It is also prohibited to allow any third party other than its employees, partners, shareholders or staff, access and use the Platform. Similarly, it is strictly forbidden to resell access to the Platform.
VALIDITY
These Terms are effective from the date of their publication and continue to be as long as the Platform remains accessible to the public.
JURISDICTION
This Platform is controlled and operated by Hexagon Data from Mexico. Hexagon Data does not warrant, either expressly or implicitly, that the information and material contained in the Platform, including without limitation to information and other materials promoting the commercial activities, products or services described herein, are appropriate or available in other locations.
Mexican law shall govern these Terms and you expressly waive any protection by a jurisdiction that may apply by reason of your domicilie, present or future, and expressly submit to the jurisdiction and competence of the court of Mexico City to solve all matters related to these Terms.
DISCLAIMER OF WARRANTIES
Hexagon Data makes no warranty as to the services or levels of security provided by any supplier, including but not limited to Amazon Web Services. Consequently, the parties acknowledge that any malfunctioning of the Platform shall be governed exclusively by the terms of use, service levels and the stipulations of such supplier.
LIMITATION OF LIABILITY
Hexagon Data shall not be liable for any damages of any kind, including without limitation, special or consequential damages, arising out of the access or inability to access the Platform, as well as its use or information contained in the Platform.
Hexagon Data is under no obligation to update the Platform or the information contained herein, thereof shall not be liable for failure to update such information. Additionally, Hexagon Data is not responsible for the use of other Internet sites to which the User may have access through links included in the Platform. These links and other resources referred to are provided solely as a service to users of the “World Wide Web” and their inclusion in the Platform does not constitute an endorsement of, or affiliation with, Hexagon Data.
MODIFICATIONS AND UPDATES
We reserve the right to: (i) add or modify these Terms at any time, (ii) offer new services and/or products through the Platform, and (iii) update, change and/or substantially modify the Platform.
The new version will become effective on the date indicated at the beginning of these Terms. In the event we consider that there are substantial changes, we will notify you by posting a visible notice on our website or by any of the available means of communication. However, Hexagon Data constantly updates and makes innovations to improve the Platform that are considered ordinary events, in which case we will not give prior notice. Your continued use of the Platform is deemed to be your acceptance of such changes. We suggest constantly check these Terms during your use of the Platform.
OTHERS
If any term, condition or provision of these Terms of Use is void to be illegal, invalid, or for any reason unenforceable, the validity and enforceability of the remaining provisions shall not be affected or impaired. This document constitutes the entire agreement between the User and Hexagon Data.